Arms License Issuing Authority Must Procure Police Report & Conduct Enquiry Before Rejecting License Despite Multiple FIRs: J&K High Court

The Jammu and Kashmir High Court has held that even if there are multiple FIRs against the applicant seeking renewal of his arms license, the licensing authority is bound by statute to call for the police verification report from the concerned police station before refusing to renew the arms license.The licensing authority had refused to renew the license on the ground that the petitioner did not submit a proper character certificate from the police, apart from having multiple FIRs, including one for offences committed under the Arms Act.Justice Sanjay Dhar observed that once any person applies for the renewal of the arms license, It is not the duty of the applicant to procure the police verification report but the licensing authority must call for it and conduct the necessary enquiry before taking the decision to refuse granting such renewal. The court said that licensing authority has to follow same procedure as followed at the time of granting of the license which includes conducting necessary enquiry and after that if it refuses to grant the renewal it has to record reasons in writing for refusing to renew the arms license.The court said that none of the procedural safeguards have been complied by the licensing authority and has kept the application pending without following the above-mentioned procedural drill. The court directed the Additional Deputy Commissioner to take decision on the application of the petitioner for renewal of his arms license after following the procedure prescribed under Chapter III of the Arms Act and the rules governing the field, most expeditiously, preferably within a period of two months from the date a certified copy of the order is made available to the said respondents.BACKGROUND Kuldeep Sharma, the petitioner, held a valid arms license since 19.03.1996, renewed from time to time until it expired on 31.12.2019.He applied for renewal of his arms license and submitted a character certificate issued by the Sarpanch. The licensing authority, however, did not renew the license, asking the petitioner to get a character certificate from the concerned police station and kept the application pending thereof, prompting the petitioner to approach the High Court seeking a direction for renewal.The petitioner argued that the application was duly submitted, along with all formalities, and no adverse police report was cited. He submitted that renewal is a statutory right, unless there are clear grounds under Section 14 of the Arms Act to refuse.The court upheld the contentions of the petitioner and directed authorities to follow the procedure as laid down under arms act and decide the application forthwith.APPEARANCE Jagpaul Singh, Advocate for PetitionerNazia Fazal, Advocate vice Ms. Monika Kohli, Sr. AAG for RespondentsCase-Title:- Kuldeep Sharma vs UT if J&K &Ors. Citation: 2025 LiveLaw (JKL) 153Click Here To Read/Download Order

Arms License Issuing Authority Must Procure Police Report & Conduct Enquiry Before Rejecting License Despite Multiple FIRs: J&K High Court

Aleem Syeed

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